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Delaney v Secretary of State for Transport - the “crime exception" is contrary to EU law
The High Court has held that the “crime exception”, contained in clause 6(1)(e)(iii) of the Uninsured Drivers’ Agreement 1999, is in breach of the United Kingdom’s obligations under the EU Motor Insurance Directives and that the claimant is entitled to Francovich damages as a result therof ( EWHC 1785 (QB); see www.bailii.org/ew/cases/EWHC/QB/2014/1785.html).
Given the widespread implications for both insurers and the State, it is likely this decision will be subject to appeal.
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